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Moving Forward Trading and Projects 154 CC v Canaan Electrical Contractors (Pty) Ltd (44333/2021) [2022] ZAGPPHC 709 (20 September 2022)
Summary judgment was refused because the respondent disclosed bona fide defences, including prematurity of the claim and a set-off dispute requiring trial.
Badger Industrial Services v Tailco Chrome (PTY) LTD and Others (M193/2017) [2018] ZANWHC 54 (22 February 2018)
The court found that the service agreement between the parties contained a clear non-variation clause requiring all amendments, including price changes and additional services, to be in writing and signed by both parties. The applicant relied on alleged verbal agreements and written correspondence to support claims for increased prices and additional services, but failed to produce any written and signed amendments as required by the contract. The court held that the non-variation clause is enforceable and precludes reliance on oral variations. Furthermore, the applicant's claim was inconsist…
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Hyundai Motor Distributors (Pty) Ltd v Hyundai Plant and Equipment (Pty) Ltd (2003/7707) [2006] ZAGPHC 120 (31 October 2006)
The High Court granted leave to appeal against an earlier judgment and costs order, finding that another court could reach a different result on the pleadings and facts.
Jowell v Bramwell-Jones and Others (543/97) [2000] ZASCA 16; 2000 (3) SA 274 (SCA); [2000] 2 All SA 161 (A) (28 March 2000)
The Supreme Court of Appeal held that a capital beneficiary’s delict claim was premature because any loss depended on future events after the life tenant’s death.
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